About Matthew D. Hutcheson
MYTH V. TRUTH
1. MYTH: Matthew D. Hutcheson is untrustworthy.
TRUTH: An attorney for the United States House of Representatives sent him an email stating, “We trust you completely.” He was completely trustworthy then, and he is completely trustworthy now. Those few who disagree have only known Matthew for several months, whereas those who have known him the longest know he exemplifies honor and integrity and always has.
2. MYTH: Matthew D. Hutcheson is a criminal and that is why he is in prison.
TRUTH: Members of the United States Senate and House of Representatives called upon him to find a way to create jobs through innovative investment methods using established federal regulation 29 CFR § 2509.94-1. The Obama Administration fabricated a crime against Matthew Hutcheson because of what he chose to invest in: An alternative to ObamaCare called “Save America™.” Matthew D. Hutcheson is a political prisoner.
3. MYTH: Matthew D. Hutcheson stole over $5 million dollars to buy an Idaho ski resort “all for himself.”
TRUTH: Matthew D. Hutcheson invested over $5 million dollars in a national-scope enterprise aimed at fighting poverty, creating jobs, and bridging the health care coverage gap for over 30 million Americans. It was a solution that was actually starting to work when the Obama Administration shut it down. The community where the ski resort resides would be the first community in the United States to benefit from Hutcheson’s socio-economic innovation.
4. MYTH: Matthew D. Hutcheson’s fraudulent actions caused over 300 American workers to lose their 401k savings.
TRUTH: Matthew D. Hutcheson served the retirement needs of over two million Americans in some capacity. NEVER – not once during Matthew’s pristine career did any of those two million Americans complain about his services until the Obama Administration accused him of wrong doing after he launched Save America™. Of those “300,” 45 discovered through their own investigation, and publicly announced, that Matthew was, like them, a victim of the Obama Administration and the justice system. And only 1 of the 300 officially complained in court and that lawsuit has been dismissed against Matthew.
5. MYTH: Matthew D. Hutcheson’s fraudulent actions caused the loss of over $5M in retirement plan assets.
TRUTH: The investment made in the Save America™ enterprise consists of 70,841 shares of NRSP® Management, Inc. stock, with an original stated value of $5.3M at $75 per share. In 2017, an NRSP® Management, Inc. stock transaction occurred based on an appreciated stock value of $198 per share. That new valuation brings the 70,841 shares of stock owned by the two plans to $14M at $198 per share; over an $8.7M unrealized appreciation gain.
6. MYTH: Matthew D. Hutcheson’s investors don’t have the money because it is lost.
TRUTH: The investors don’t have their money because a federal court issued an order forbidding the sale of their shares. If the investors are allowed to sell their shares then that would show that no money was ever lost or taken. It is in the prosecutions best interest to ensure that doesn’t happen.
7. MYTH: Matthew D. Hutcheson had good lawyers and a fair trial.
TRUTH: His lawyers were grossly incompetent. They admitted to the court they would not be ready for trial and went into trial lacking subject matter expertise. They admit they could not find an expert in Idaho who possessed enough knowledge to testify on Matthew’s behalf and failed to find an expert in another state. His trial attorneys intentionally brought a defense that could not be won when an affirmative defense existed, and failed to call over 30 potential witnesses. His trial attorneys failed to object to a court ordered restriction preventing Matthew from contacting witnesses for his defense. His trial attorneys failed to discover a massive fraud on the court by the prosecutor and another law firm. His appellate attorney had a conflict of interest and was threatened by the US Attorney’s office to not defend him as he ought which resulted in multiple Idaho Bar Association complaints against his attorney. And the list goes on.
8. MYTH: The transactions were done in secret and therefore Mr. Hutcheson must have been trying to conceal his actions.
TRUTH: Matthew D. Hutcheson was the ONLY person with authority to invest. However, at least five members of Congress knew exactly what Matthew was doing, as it was at their request. Dozens of regional fiduciaries learned first-hand from Matthew through national training meetings that a socio-economic innovation was being deployed to create jobs and bridge the health care gap.
Articles were written in 2010 about the innovation and disseminated publicly over the Internet. It was done in the light of day and many, many people knew what Matthew was trying to accomplish for the good of society.
9. MYTH: Everyone believes Matthew D. Hutcheson is guilty.
TRUTH: Very few people believe he is guilty and the number is shrinking. A growing number of Matthew’s investors discovered through their own investigation that he is not guilty.
Testimony given by individuals during trial did not say he was guilty of fraud. None of the government’s witnesses were involved with the investment transactions, and they were not part of the discussions with United States Congressmen in Washington D.C. about the jobs-creating initiative. Therefore, not one of the witnesses knew the truth. On the other hand, witness testimony did include that he was trying to create jobs and that his reputation was pristine; that the NRSP®would eventually be part of an IPO and that the investment was Save America™. A fraud upon the court perpetuated by the prosecutor and another law firm was discovered by an attorney from California and brought to the court’s attention. The court then concealed the fraud upon the court in a subsequent ruling, which is now under appeal. It appears the actions of the court and prosecutor are calculated more to prevent the public from becoming aware of their actions and the frauds upon the court than admitting the travesty of justice that has occurred.
10. MYTH: Matthew D. Hutcheson put pension plan assets in his personal accounts and used those assets for his personal use and a “lavish lifestyle.”
TRUTH: Investment proceeds following the securitization of pension plan assets were deployed through accounts established by Matthew in his capacity as trustee. Once the assets were securitized, plan assets consisted of NRSP® stock (Save America™) and the accompanying irrevocable trust receipt. The reinvested cash placed in those accounts played a specific purpose and role in advancing the socio-economic enterprise known as Save America™. For example, the reinvested cash paid for Save America™ propriety software programming, training of NRSP®fiduciaries, experts, attorneys, advisers, accountants, local economic activity (putting people to work), and more. Every dollar played a role in the enterprise to create jobs and bridge the health care coverage gap. Even the government’s own trial exhibits show NRSP® and Save America™investment expenditures and nothing in the defunct ski resort. Had Matthew intended to steal from his clients, he could have taken much more than just $5 million (he could have taken billions) and hidden it for future use. Instead, it was invested and the existence of the increasingly valuable Save America™ proves that fact.
11. MYTH: Matthew D. Hutcheson acted outside of the law and there is nothing in the law that supports his actions.
TRUTH: When Matthew met with members of Congress about finding a solution to the job and health care crisis, he was reminded by them that federal regulation 29 CFR § 2509.94-1 (or “94-1”) was issued by the Clinton Administration for the very purpose existing during the great recession. Investment of pension funds into local projects intended to create jobs or further social objectives (such as expanding health care coverage) are expressly permitted by this federal regulation. It is a United States Department of Labor regulation. And ironically it was through Department of Labor that the Department of Justice was directed to prosecute him.
12. MYTH: Matthew D. Hutcheson fabricated irrevocable trust receipts after-the-fact to deceive the court into thinking the transaction occurred in 2010 as claimed.
TRUTH: As trustee, Matthew D. Hutcheson issued two irrevocable trust receipts, one in January 2010, and one in December 2010, marking the date of securitization and irrevocably securing the plans’ ownership of the NRSP® and Save America™ investment. The receipts also set a baseline minimum future sale price for the NRSP® Save America™ stock through the mathematical formula stated on the instruments. After Matthew was removed as trustee in 2012, a third party trustee reissued the receipts. The Supreme Court has ruled that when a receipt for stock is issued does not matter; a receipt can be issued at time after investment ownership is acquired. All receipts are issued coincidental with or after the transaction. A receipt for stock is also a statutory investment security in and of itself. 15 USC § 77b(1)(a).
13. MYTH: Matthew D. Hutcheson issued the receipts as insurance to indemnify the plan against his fraudulent actions and is proof he intended to repay what he stole.
TRUTH: If Matthew D. Hutcheson was a thief, as the government alleges, he wouldn’t care about indemnifying anyone or anything because it would be his intent to deprive his victim of property. Regulation (94-1) referenced in paragraph 11 above requires an “all things equal” built into the investment, meaning that when a trustee invests in socio-economic projects, the return must be no less than what could have been earned by investing elsewhere. The irrevocable trust receipts include a mathematical formula that establishes the future sale value of the NRSP® Save America™stock be equal to or greater than a return derived from 60% of the S&P 500 Index and 40% of the iShares Aggregate Bond Index, which is what the terms of the plans require. This is a matter of court record. This methodology has the potential for revolutionizing how economy-changing investments are made in small communities in the United States.
14. MYTH: Matthew D. Hutcheson caused one of the plans to become mired in extensive, complex, and ongoing legal problems.
TRUTH: The court appointed trustee who replaced Matthew is not a pension expert, but rather a bankruptcy receiver. None of the assets were in bankruptcy then or now. She and her attorney foolishly plunged the plan into a legal quagmire from which they cannot escape. The successor trustee and her counsel never sought advice from Matthew to help them avoid all of the pitfalls they straightaway fell into and now cannot escape. This is a matter of court record.
15. MYTH: Matthew D. Hutcheson wanted to live a lavish lifestyle so he stole money to buy a large house.
TRUTH: He had already purchased the house before the investments. He was already wealthy. He owned then and still owns now significant holdings in multiple valuable businesses and other intellectual property. In 2010 he was awarded, coincident with the RSPT/NRSP® Save America™ transaction, a large contract with the State of California. This is a matter of court record. If Matthew really intended to steal and conceal, he could have simply and easily stolen substantial sums, hidden it for future use, and then disappeared. Instead, he invested in an enterprise that is expected to become, and may already be, a multi-billion dollar project. Those are not the actions of a man trying to defraud his clients.
16. MYTH: There is no contemporaneous evidence that an investment was made.
TRUTH: The RSPT transaction occurred contemporaneously with the formation of the NRSP® Idaho corporation that derives its value from the Save America™ innovation. The two transactions occurred, together, on December 28, 2010, for the purpose of advancing the common enterprise. Stock was issued to both plans on December 28, 2010. This is a matter of court record and that of the State of Idaho.
17. MYTH: The Save America™ investment doesn’t exist or the prosecution would have seized it through a forfeiture action like it did with Matthew’s other assets.
TRUTH: The logical fallacy is that to acknowledge the value in the NRSP® Save America™would clearly and irrefutably make clear that no funds were ever misappropriated but rather invested. Despite the DOJ’s efforts to nullify this lucrative investment, savvy, patriotic, and forward-thinking investors continue to buy additional shares today. The prosecution would rather continue the lie and deny investors their rightful property than admit they incarcerated and innocent man.
18. MYTH: The FBI must have performed a thorough investigation and found all of the evidence.
TRUTH: The FBI never interviewed Matthew D. Hutcheson or even examined his business and computer files. It only interviewed those who Matthew had stopped paying on the 94-1project for cause. They were disaffected and said anything they could, whether true or not, to undermine him. One of the prosecution’s key witnesses was under investigation by the State of Idaho at the time of Matthew’s trial and it never came up. The lead FBI agent committed suicide shortly after Matthew was sentenced preventing the opportunity to depose her to discover what she knew and who gave her marching orders and why did not examine all of the evidence available.
19. MYTH: The court must have admitted all relevant evidence into the trial proceedings for the jury to evaluate.
TRUTH: The court denied the jury’s access to exonerating evidence found in thousands of documents pertaining to the NRSP®, Save America, the securitization, the “all things equal” mathematical formula, the health care coverage model, the jobs creation model, the number of jobs created by the Save America™ enterprise from 2010 to 2012, direct communications with members of the United States Senate and House of Representatives, and more. In total, the jury saw perhaps 3% of the picture and the rest was deliberately concealed from them, despite the protests of Matthew and his family. Even as recently as March 2018, an investor notified the judge that he and 45 others had discovered for themselves that Matthew was not guilty. Instead of logging the letter to the docket, the judge once again concealed it, and only posted his misleading response letter to the investor making it sound as though the investor’s letter was complaining about Matthew. The judge who presided over Matthew’s proceedings is so defensive, self-conscious and suspicious of his own rulings that he is terrified of the scrutiny of lay-persons to the degree that he is willing to jeopardize everything he has built over a long career in an attempt to cover and conceal his egregious errors.
20. MYTH: The United States Probation Office performed a pre-sentence investigation and report. The report is called the “PSR.” If Matthew D. Hutcheson was innocent as he claims, could have easily shared all of this with the investigator, who may have recommended a retrial, acquittal, or a lesser sentence. But he refused to even meet with the investigator.
TRUTH: In the last meeting Mr. and Mrs. Hutcheson attended with his trial attorneys, they explicitly told him that meeting with the investigator would be as waste of his time because the investigator is an [explicative.] Mr. Hutcheson called his Probation Officer and told him what his attorney said. His wife and his probation officer could and would so attest. No one explained to Mr. Hutcheson that any of these TRUTHS could be explained in his defense after the trial and he did not understand that the investigator was the one who recommended the sentence. If so he most certainly would have met with the investigator. That bad advice from his inept trial counsel injured Matthew and his family terribly.